Tag Archives: Volume 35

Small Cap Companies and the Diamond in the Rough Theory: Dispelling the IPO Myth and Following the Regulation and Reverse Merger Examples

If you were to open a copy of the Wall Street Journal on February 12, 2007, you would come across an article titled U.S. May be Losing Its Appeal to Foreign Investors, Report Warns. Opening the same paper one month … Continue reading

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Islamic Sectarianism in United States Prisons: The Religious Right of Shi’a Inmates to Worship Separately From Their Fellow Sunni Inmates

In the past four years, the world’s attention has been focused on the American-led invasion of Iraq and the subsequent violence that has plagued that country. Reports of car bombings, suicide attacks, and casualties and deaths from improvised explosive devices … Continue reading

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Time for a Change: Why the FDA Should Require Greater Disclosure of Differences of Opinion on the Safety and Efficacy of Approved Drugs

The United States is no stranger to pharmaceutical medicine scandals and tragedies. In the past fifty years, a number of “good drugs” have “gone bad,” resulting in severe effects for the patients who took them and leading to huge class … Continue reading

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Preamble Preemption and the Challenged Role of Failure to Warn and Defective Design Pharmaceutical Cases in Revealing Scientific Fraud, Marketing Mischief, and Conflicts of Interest

In January 2006, the Bush administration articulated a position in favor of a broad conflict preemption doctrine that would immunize pharmaceutical manufacturers from civil liability when the Food and Drug Administration (“FDA”) had previously granted permission to place a prescription … Continue reading

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Domestic Agreements

In this Article I want to explore the treatment of certain domestic agreements in family law and to see what can be learned about law and families. It is a cliché, in discussions of family law and agreements, to point … Continue reading

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Limits of Private Law: Enriching Legal Dogmatics

In 2005, the Dutch Supreme Court decided a wrongful life case. During her pregnancy, a woman consulted her midwife because there were two cases of handicaps in her husband’s family, due to a chromosomal disorder. The midwife did not think … Continue reading

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Judges as Umpires

This Article, “Judges as Umpires” was inspired by the Senate Judiciary hearings on the nomination of John Roberts to be Chief Justice of the Supreme Court, and the metaphor was again invoked during the hearings on the nomination of my … Continue reading

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Discovering the Logic of Legal Reasoning

The rule of law rests on the quality of legal reasoning. The rule of law requires that similar cases should be decided similarly, that each case should be decided on its merits, and that decision-making processes should comply with applicable … Continue reading

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The Five Elements of Negligence

After centuries of glacial development in the English forms of action, negligence law in America began to take shape during the 1830s and 1840s as a general theory of liability for carelessly caused harm. Conveniently (if roughly) dated to Chief … Continue reading

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Check, Raise, or Fold: Poker and the Unlawful Internet Gambling Enforcement Act

Gambling permeates throughout American society. One cannot watch television without stumbling upon a poker show, listen to the radio without hearing the amount of today’s lotto jackpot, or go on the Internet without encountering an advertisement for a gambling website. … Continue reading

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